Utah Code

Utah Code § 63G-6a-1602 (2026)

Protest -- Time for filing -- Basis of protest -- Authority to resolve protest

✓ current as of May 2026

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A protest may be filed with the protest officer by a person who:

has standing; and

is aggrieved in connection with a procurement or an award of a contract.

A protest may not be filed after:

the opening of bids, for a protest relating to a procurement under a bidding process; or

the deadline for submitting responses to the solicitation, for a protest relating to another standard procurement process; or

the closing of the procurement stage that is the subject of the protest:

if the protest relates to a multiple-stage procurement; and

notwithstanding Subsections (2)(a)(i)(A) and (B); or

the day that is seven days after the day on which the person knows or first has constructive knowledge of the facts giving rise to the protest, if:

the protestor did not know and did not have constructive knowledge of the facts giving rise to the protest before:

the opening of bids, for a protest relating to a procurement under a bidding process;

the deadline for submitting responses to the solicitation, for a protest relating to another standard procurement process; or

the closing of the procurement stage that is the subject of the protest, if the protest relates to a multiple-stage procurement; or

the protest relates to a procurement process not described in Subsection (2)(a).

A deadline under Subsection (2) for filing a protest may not be modified.

A protestor shall include in a protest:

the protestor's mailing address and email address; and

a concise statement of the facts and evidence:

leading the protestor to claim that the protestor has been aggrieved in connection with a procurement and providing the grounds for the protestor's protest; and

supporting the protestor's claim of standing.

A protest may not be considered unless it contains facts and evidence that, if true, would establish:

a violation of this chapter or other applicable law or rule;

the procurement unit's failure to follow a provision of a solicitation;

an error made by an evaluation committee or conducting procurement unit;

a bias exercised by an evaluation committee or an individual committee member, excluding a bias that is a preference arising during the evaluation process because of how well a solicitation response meets criteria in the solicitation;

a failure to correctly apply or calculate a scoring criterion; or

that specifications in a solicitation are unduly restrictive or unduly anticompetitive.

A protest may not be based on:

the rejection of a solicitation response due to a protestor's failure to attend or participate in a mandatory conference, meeting, or site visit held before the deadline for submitting a solicitation response;

a vague or unsubstantiated allegation; or

a person's claim that:

a procurement unit that complied with Section 63G-6a-112 did not provide individual notice of a solicitation to the person; or

the person received late notice of a solicitation for which notice was provided in accordance with Section 63G-6a-112.

A protest may not include a request for:

an explanation of the rationale or scoring of evaluation committee members;

the disclosure of a protected record or protected information in addition to the information provided under the disclosure provisions of this chapter; or

other information, documents, or explanations not explicitly provided for in this chapter.

A person who fails to file a protest within the time prescribed in Subsection (2) may not:

protest to the protest officer a solicitation or award of a contract; or

file an action or appeal challenging a solicitation or award of a contract before an appeals panel, a court, or any other forum.

Subject to the applicable requirements of Section 63G-10-403, a protest officer or the head of a procurement unit may enter into a settlement agreement to resolve a protest.

Notes of Decisions

Cited in 4 cases (3 in the last 5 years), 2016–2026 · leading case: JLPR v. Dep't of Agric. & Food, 2021 UT App 52 (Utah Ct. App. 2021).

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JLPR v. Dep't of Agric. & Food, 2021 UT App 52 (Utah Ct. App. 2021). · cites it 18× “See Utah Code Ann. § 63G-6a-1602(1), (2) (LexisNexis Supp.”

Byrne & Jones Enter., Inc. d/b/a Byrne & Jones Constr. v. Monroe City R-1 Sch. Dist., 493 S.W.3d 847 (Mo. 2016). “201 (agency director’s decision is final and no further appeals permitted); Utah Code § 63G-6a-1602 (providing for the filing of an award protest by “a person” with “standing” and who “is aggrieved in connection with a procurement or an award of contract”); Utah Code §…”

WellSky Corp. v. Procurement Policy Bd., 2026 UT App 12 (Utah Ct. App. 2026). · cites it 7× “See Utah Code § 63G-6a-1602(1). Relevant statutes provide six grounds upon which a protestor may object to an agency’s decision, provided that “facts and evidence” exist that, “if true,” support the objections.”

Avertest, LLC v. Procurement Policy Bd., 2024 UT App 66 (Utah Ct. App. 2024). · cites it 4× “See generally Utah Code § 63G-6a-1602(1), (2). Avertest offered essentially the same grounds for error that it raised before Officer and also argued that Officer arbitrarily and capriciously or erroneously denied its protest.”

Utah Code § 63G-6a-1602(1): 3 cases